DETAILED ACTION
This action is in response to the Response to Election/Restriction filed 12/17/2025. Currently, claims 1-26 are pending in the application.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s arguments regarding the Requirement for Election/Restriction mailed 10/20/2025 have been fully considered and are persuasive. The Requirement for Election/Restriction has been withdrawn.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “304” has been used to designate both the outer wall and the stiffener (see Figure 5, for instance). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract includes legal phraseology, which is not permitted. The term “comprising” should be removed from the abstract to avoid this error. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 13 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the cavity” in line 2 of the claim should be amended to recite ---the first cavity---. Appropriate correction is required.
Claim 23 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the detected characteristic” in lines 2-3 of the claim should be amended to recite ---the characteristic---. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 8-13, 17 and 19-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 4,976,618 A).
In regards to claim 1, Anderson teaches in Figures 1-4 a body (intraoral sensing device 14) comprising one or more portions (posterior occlusal portion 16) defining a space (posterior occlusal portion 16) for accommodating one or more teeth of a user (as shown in Figures 1 and 2; column 4, lines 31-35 teaches “the posterior occlusal portion 16 is positioned on a horizontal plane between the upper and lower dental arches” and “the posterior occlusal portion 16 is acted upon by the occlusal surfaces of the upper and lower dental arches”); and a first cavity (flexible cavity 17) at least partly in (as shown in Figures 1-3; column 4, lines 13-14 teaches “a posterior occlusal portion 16 of the device 14 contains a flexible cavity 17”) the body (intraoral sensing device 14), wherein a volume inside the first cavity (flexible cavity 17) is variable in response to a compression applied to (column 4, lines 39-43 teaches “when the posterior occlusal portion 16 is compressed by action of the grinding or clenching teeth 32 and 34 in the upper and lower dental arches, there is a change in the volume of the flexible cavity 17”) the body (intraoral sensing device 14).
In regards to claim 2, Anderson teaches the apparatus of claim 1. Anderson teaches in Figures 1 and 2 and column 4, lines 31-35 that the one or more teeth comprise one or more upper teeth (column 4, lines 31-35 teaches “the posterior occlusal portion 16 is positioned on a horizontal plane between the upper and lower dental arches” and “the posterior occlusal portion 16 is acted upon by the occlusal surfaces of the upper and lower dental arches”), and wherein the space (posterior occlusal portion 16) is configured to accommodate the one or more upper teeth (as shown in Figures 1 and 2; column 4, lines 31-35 teaches “the posterior occlusal portion 16 is positioned on a horizontal plane between the upper and lower dental arches” and “the posterior occlusal portion 16 is acted upon by the occlusal surfaces of the upper and lower dental arches”); or wherein the one or more teeth comprise one or more lower teeth (column 4, lines 31-35 teaches “the posterior occlusal portion 16 is positioned on a horizontal plane between the upper and lower dental arches” and “the posterior occlusal portion 16 is acted upon by the occlusal surfaces of the upper and lower dental arches”), and wherein the space (posterior occlusal portion 16) is configured to accommodate the one or more lower teeth (as shown in Figures 1 and 2; column 4, lines 31-35 teaches “the posterior occlusal portion 16 is positioned on a horizontal plane between the upper and lower dental arches” and “the posterior occlusal portion 16 is acted upon by the occlusal surfaces of the upper and lower dental arches”).
In regards to claim 3, Anderson teaches the apparatus of claim 1. Anderson teaches in Figure 4 and columns 4-5, lines 67-3 a second cavity (flexible cavity 38), wherein the first cavity (flexible cavity 17) is at one of a left side or a right side of (as shown in Figure 4; columns 4-5, lines 67-1 teaches “on the right side of the appliance 14 is a posterior occlusal portion 16 containing a flexible cavity 17”) the body (intraoral sensing device 14), and the second cavity (flexible cavity 38) is at another one of the left side or the right side of (as shown in Figure 4; column 5, lines 2-3 teaches “on the left side, posterior occlusal portion 36 contains a flexible cavity 38”) the body (intraoral sensing device 14).
In regards to claim 4, Anderson teaches the apparatus of claims 1 and 3. Anderson teaches in column 4, lines 37-39 a spacer (“fixed volume of gas or fluid,” taught in column 4, lines 37-39) configured for placement in (column 4, lines 37-39 teaches “cavity 17 serves as a sensing device because it contains a fixed volume of gas or fluid”) the first cavity (flexible cavity 17) or the second cavity.
In regards to claim 6, Anderson teaches the apparatus of claim 1. Anderson teaches in Figure 4 and column 4, lines 16-17 a first tube (fluid tube 18) coupled to, and/or extending from (as shown in Figures 1 and 2; column 4, lines 16-17 teaches “the anterior end of flexible cavity 17 connects and communicates with a fluid tube 18”), the body (intraoral sensing device 14).
In regards to claim 8, Anderson teaches the apparatus of claims 1 and 6. Anderson teaches in Figure 4 and column 4, lines 16-17 that the first tube (fluid tube 18) is integrally formed with (Figure 4 teaches the fluid tube 18 being connected to the intraoral sensing device 14 to form a single unit therewith; column 4, lines 16-17 teaches “the anterior end of flexible cavity 17 connects and communicates with a fluid tube 18”) the body (intraoral sensing device 14).
In regards to claim 9, Anderson teaches the apparatus of claims 1 and 6. Anderson teaches in Figure 4 and columns 4-5, lines 67-2 that the first tube (fluid tube 18) is on one of a left side or a right side of (as shown in Figure 4; columns 4-5, lines 67-2 teaches “on the right side of the appliance 14 is a posterior occlusal portion 16 containing a flexible cavity 17 which is connected to fluid tube 18”) the body (intraoral sensing device 14).
In regards to claim 10, Anderson teaches the apparatus of claims 1, 6 and 9. Anderson teaches in Figure 4 and column 5, lines 2-4 a second tube (fluid tube 40), wherein the second tube (fluid tube 40) is on another one of the left side or the right side of (as shown in Figure 4; column 5, lines 2-4 teaches “on the left side, posterior occlusal portion 36 contains a flexible cavity 38 which is connected to a fluid tube 40”) the body (intraoral sensing device 14).
In regards to claim 11, Anderson teaches the apparatus of claim 1. Anderson teaches in Figure 3 that the body (intraoral sensing device 14) comprises at least two layers of materials laminated together (Figure 3 teaches the flexible cavity 17 of the intraoral sensing device 14 being structured as top and bottom materials that are layered upon one another).
In regards to claim 12, Anderson teaches the apparatus of claim 1. Anderson teaches in column 5, lines 45-60 a processing module (column 5, lines 45-60 teaches “Once the intraoral sensing device is installed, and an abnormal jaw muscle event occurs nocturnally, then the signal receiving means receives a pressure change signal from the intraoral sensing device 14. This pressure change signal is quantified and its value compared with the preset control threshold value. If the measured signal is not in excess of the preset threshold, then the control means does not activate the audible signal generating means. If the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24. The audible tone in the earphone 24 then wakes the patient, ending the nocturnal episode of bruxism, or other abnormal jaw activity.”).
In regards to claim 13, Anderson teaches the apparatus of claim 1. Anderson teaches in Figure 1 and column 4, lines 37-38 a sensor (column 4, lines 37-38 teaches “cavity 17 serves as a sensing device”) and a feedback signal generator (signal receiver/signal generator 20), wherein the cavity (flexible cavity 17) is coupled to (inasmuch as it comprises) the sensor (column 4, lines 37-38 teaches “cavity 17 serves as a sensing device”).
In regards to claim 17, Anderson teaches the apparatus of claim 1. Anderson teaches in column 4, lines 21-22 and column 5, lines 53-58 a communication device (earphone 24; column 4, lines 21-22 teaches “an earphone 24 received in the patient's ear 26;” column 5, lines 53-58 teaches “if the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24”).
In regards to claim 19, Anderson teaches the mouthpiece (intraoral sensing device 14, posterior occlusal portion 16, flexible cavity 17) of claim 1 (see the rejection of claim 1 above). Anderson teaches in Figure 1 and column 4, lines 14-19 a connector (fluid tube 18; Figure 1 teaches the fluid tube 18 connecting the intraoral sensing device 14 to the signal receiver/signal generator 20; column 4, lines 14-19 teaches “the anterior end of flexible cavity 17 connects and communicates with a fluid tube 18” and “fluid tube 18 is connected at its other end to a signal receiver/signal generator 20”).
In regards to claim 20, Anderson teaches the apparatus of claim 19. Anderson teaches in Figures 1 and 2, column 4, lines 14-19 and column 5, lines 45-60 that the connector (fluid tube 18) comprises a tube (fluid tube 18; column 4, line 17 teaches “fluid tube 18”); wherein the tube (fluid tube 18) has a first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2), a second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1) opposite from (as shown in Figure 1) the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2), and a tubular body extending between (as shown in Figure 1) the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2) and the second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1); wherein the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2) of the tube (fluid tube 18) is configured to couple to (as shown in Figures 1 and 2; column 4, lines 14-19 teaches “the anterior end of flexible cavity 17 connects and communicates with a fluid tube 18”) the mouthpiece (intraoral sensing device 14, posterior occlusal portion 16, flexible cavity 17); and wherein the second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1) of the tube (fluid tube 18) is configured to couple to a processing module (column 5, lines 45-60 teaches “Once the intraoral sensing device is installed, and an abnormal jaw muscle event occurs nocturnally, then the signal receiving means receives a pressure change signal from the intraoral sensing device 14. This pressure change signal is quantified and its value compared with the preset control threshold value. If the measured signal is not in excess of the preset threshold, then the control means does not activate the audible signal generating means. If the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24. The audible tone in the earphone 24 then wakes the patient, ending the nocturnal episode of bruxism, or other abnormal jaw activity.”).
In regards to claim 21, Anderson teaches the apparatus of claims 19 and 20. Anderson teaches in Figure 1 and column 5, lines 45-60 that the tube (fluid tube 18) has a stiffness (inasmuch as the material forming the fluid tube 18 is stiff enough to hold its own shape) sufficient to transmit a vibrational force from the processing module (taught in column 5, lines 45-60; understood to be contained within the signal receiver/signal generator 20) to (the fluid tube 18 is taught in Figure 1 to connect the signal receiver/signal generator 20 to the intraoral sensing device 14; thus, the material of the fluid tube 18 is capable of transmitting a vibrational force therebetween) the mouthpiece (intraoral sensing device 14, posterior occlusal portion 16, flexible cavity 17).
In regards to claim 22, Anderson teaches the apparatus of claims 19 and 20. Anderson teaches in column 4, lines 37-47 and column 5, lines 45-60 the processing module (column 5, lines 45-60 teaches “Once the intraoral sensing device is installed, and an abnormal jaw muscle event occurs nocturnally, then the signal receiving means receives a pressure change signal from the intraoral sensing device 14. This pressure change signal is quantified and its value compared with the preset control threshold value. If the measured signal is not in excess of the preset threshold, then the control means does not activate the audible signal generating means. If the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24. The audible tone in the earphone 24 then wakes the patient, ending the nocturnal episode of bruxism, or other abnormal jaw activity.”), wherein the processing module (taught in column 5, lines 45-60) comprises a sensor configured to detect a characteristic due to a bruxing event, a snoring event, or an apnea event (column 4, lines 37-47 teaches “This cavity 17 serves as a sensing device because it contains a fixed volume of gas or fluid. When the posterior occlusal portion 16 is compressed by action of the grinding or clenching teeth 32 and 34 in the upper and lower dental arches, there is a change in the volume of the flexible cavity 17, and a corresponding change in the pressure (PV=nRT) of the gas or fluid contained within the cavity 17. This pressure change in cavity 17 can be detected and used as an indication of abnormal jaw muscle activity.”).
In regards to claim 23, Anderson teaches the apparatus of claims 19, 20 and 22. Anderson teaches in column 5, lines 45-60 that the processing module (column 5, lines 45-60 teaches “Once the intraoral sensing device is installed, and an abnormal jaw muscle event occurs nocturnally, then the signal receiving means receives a pressure change signal from the intraoral sensing device 14. This pressure change signal is quantified and its value compared with the preset control threshold value. If the measured signal is not in excess of the preset threshold, then the control means does not activate the audible signal generating means. If the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24. The audible tone in the earphone 24 then wakes the patient, ending the nocturnal episode of bruxism, or other abnormal jaw activity.”) comprises a feedback signal generator (signal receiver/signal generator 20) configured to provide a feedback (“audible signal,” taught in column 5, lines 45-60) based on the detected characteristic (as taught in column 5, lines 45-60).
In regards to claim 24, Anderson teaches in Figures 1 and 2, column 4, lines 14-19 and column 5, lines 45-60 a tube (fluid tube 18) having a first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2), a second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1) opposite from (as shown in Figure 1) the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2), and a tubular body extending between (as shown in Figure 1) the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2) and the second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1); wherein the first end (end of fluid tube 18 attached to intraoral sensing device 14; see Figures 1 and 2) of the tube (fluid tube 18) is configured to couple to (as shown in Figures 1 and 2; column 4, lines 14-19 teaches “the anterior end of flexible cavity 17 connects and communicates with a fluid tube 18”) the mouthpiece (intraoral sensing device 14, posterior occlusal portion 16, flexible cavity 17); wherein the second end (end of fluid tube 18 attached to signal receiver/signal generator 20; see Figure 1) of the tube (fluid tube 18) is configured to couple to the processing module (column 5, lines 45-60 teaches “Once the intraoral sensing device is installed, and an abnormal jaw muscle event occurs nocturnally, then the signal receiving means receives a pressure change signal from the intraoral sensing device 14. This pressure change signal is quantified and its value compared with the preset control threshold value. If the measured signal is not in excess of the preset threshold, then the control means does not activate the audible signal generating means. If the measured signal exceeds the preset threshold value, then the control means activates the audible signal generating means which then generates an audible signal to be transmitted through the earphone lead wire 22 into the earphone 24. The audible tone in the earphone 24 then wakes the patient, ending the nocturnal episode of bruxism, or other abnormal jaw activity.”); and wherein the tube (fluid tube 18) has a stiffness (inasmuch as the material forming the fluid tube 18 is stiff enough to hold its own shape) sufficient to transmit a vibrational force from the processing module (taught in column 5, lines 45-60; understood to be contained within the signal receiver/signal generator 20) to (the fluid tube 18 is taught in Figure 1 to connect the signal receiver/signal generator 20 to the intraoral sensing device 14; thus, the material of the fluid tube 18 is capable of transmitting a vibrational force therebetween) the mouthpiece (intraoral sensing device 14, posterior occlusal portion 16, flexible cavity 17).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5, 7 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 4,976,618 A) in view of Al-Tawil (US 2012/0123225 A1).
In regards to claim 5, Anderson teaches the apparatus of claim 1. Anderson does not teach that the mouthpiece is a customized mouthpiece.
However, Al-Tawil teaches in Figure 1 and [0065] an analogous device wherein the mouthpiece (mouth piece 200) is a customized mouthpiece ([0065] teaches “the mouth piece 200 may need to be custom-designed to match the patient's specific dental anatomy”).
It would have been obvious It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the mouthpiece of Anderson to be a customized mouthpiece as taught by Al-Tawil because this element is known to enable the mouthpiece “to be custom-designed to match the patient's specific dental anatomy” as needed “to target individual teeth,” as Al-Tawil teaches in [0065].
In regards to claim 7, Anderson teaches the apparatus of claims 1 and 6. Anderson does not teach that the first tube is removably coupled to the body.
However, Al-Tawil teaches in Figures 1 and [0026] an analogous device wherein the first tube (fluid-containing tubes 250) is removably coupled to ([0026] teaches “the tubes are removable from the mouth piece”) the body (mouth piece 200).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the first tube of Anderson to be removably coupled to the body as taught by Al-Tawil because this element is known to enable to first tube to be removed as necessary for cleaning or replacement.
In regards to claim 25, Anderson teaches the apparatus of claim 24. Anderson does not teach that the first end of the tube is configured to detachably couple to the mouthpiece.
However, Al-Tawil teaches in Figures 1 and [0026] an analogous device wherein the first end of the tube (fluid-containing tubes 250) is configured to detachably couple to ([0026] teaches “the tubes are removable from the mouth piece”) the mouthpiece (mouth piece 200).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the first end of the tube of Anderson to be configured to detachably couple to the mouthpiece as taught by Al-Tawil because this element is known to enable to first tube to be removed as necessary for cleaning or replacement.
Claim(s) 14-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 4,976,618 A) in view of ABLE et al. (US 2024/0389933 A1).
In regards to claim 14, Anderson teaches the apparatus of claim 1. Anderson does not teach the mouthpiece further comprising a pulse oximeter.
However, ABLE et al. teaches in Figure 8, [0036] and [0039] analogous device wherein the mouthpiece (device 300; shown in Figure 8) further comprising a pulse oximeter ([0036] teaches “the device 300 includes a sensor array 304;” [0039] teaches “the sensors 304A-304D may include pulse oximeter sensors”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the mouthpiece of Anderson to further comprise a pulse oximeter as taught by ABLE et al. because this element is known to “measure the percentage of oxygen saturation and pulp inflammation to determine whether the user is experiencing sleep apnea or other sleep issues,” as ABLE et al. teaches in [0039].
In regards to claim 15, Anderson teaches the apparatus of claim 1. Anderson does not teach the mouthpiece further comprising a temperature sensor.
However, ABLE et al. teaches in Figure 4 and [0023] an analogous device with the mouthpiece (“mouthpiece,” taught in [0023]) further comprising a temperature sensor ([0023] teaches “the mouthpiece may also contain one or more temperature sensors”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the mouthpiece of Anderson to further comprise a temperature sensor as taught by ABLE et al. because this element is known to “be used to assess patient health and/or to provide other functionality, such as detecting when the mouthpiece is in position for use,” as ABLE et al. teaches in [0023].
In regards to claim 16, Anderson teaches the apparatus of claim 1. Anderson does not teach the mouthpiece further comprising an accelerometer.
However, ABLE et al. teaches in Figures 1 and 2 and [0019] an analogous device with the mouthpiece (“mouthpiece,” taught in [0019]) further comprising an accelerometer ([0019] teaches “the mouthpiece includes a plurality of sensors (e.g., accelerometers, pressure transducers and/or strain gauges) positioned adjacent one another within portions of the mouthpiece”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the mouthpiece of Anderson to further comprise an accelerometer as taught by ABLE et al. because this element is known to “assist with calibration of the device 300 by establishing baseline posture and relative axes of the posture of the user, including with respect to the jaw or head, neck, and spinal position and architecture of the user” and “help the device 300 measure whether the user is standing up, laying down, laying on their side, or laying on their stomach as well as to measure the user's walking characteristics to establish gait dynamics,” which provides data that “can be interpreted in view of the other data collected by the sensor array 304 to determine how a user's movement characteristics impact bruxing events and respiration spectra, among other benefits,” as ABLE et al. teaches in [0038].
In regards to claim 18, Anderson teaches the apparatus of claim 1. Anderson does not teach a non-transitory medium storing data associated with an operation of the mouthpiece.
However, ABLE et al. teaches in the abstract and [0055] an analogous device with a non-transitory medium storing data associated with an operation of ([0055] teaches “some or all of the modules, systems and data structures may also be stored (e.g., as software instructions or structured data) on a non-transitory computer-readable storage mediums, such as a hard disk or flash drive or other non-volatile storage device, volatile or non-volatile memory (e.g., RAM or flash RAM), a network storage device, or a portable media article (e.g., a DVD disk, a CD disk, an optical disk, a flash memory device, etc.) to be read by an appropriate drive or via an appropriate connection”) the mouthpiece (“wearable mouthpiece,” taught in the abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the mouthpiece of Anderson to include a non-transitory medium storing data associated with an operation of the mouthpiece as taught by ABLE et al. because this element is known to enable software instructions or structured data or be stored, as ABLE et al. teaches in [0055].
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 4,976,618 A).
In regards to claim 26, Anderson teaches the apparatus of claim 24. Anderson does not teach that the second end of the tube is configured to detachably couple to the processing module.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the present application to provide that the second end of the tube is configured to detachably couple to the processing module, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179. One having ordinary skill in the art before the effective filing of the present application would find it obvious that the second end of the tube could be made detachable from the processing module to enable the tube to be removed as necessary for cleaning or replacement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 2/4/2026